CARBON JUDGE VOIDS BEER DISTRIBUTOR'S FINE

Carbon County Judge John P. Lavelle has determined that a Kidder Township business did not sell beer to a minor and does not have to pay a $500 fine imposed by the state Liquor Control Board.

Lavelle said he did not believe two young men who said they bought beer from the business, Harmony Beverage Inc., in 1985. The LCB had decided to fine Harmony Beverage on the testimony of those two minors, one of whom was later involved in a car accident on the day he said he made the beer purchases.

The LCB fined Harmony Beverage $500 on Sept. 11, 1985. Any LCB order can be appealed to a county court, which Harmony Beverage did. Lavelle held a hearing on Feb. 18, and released his decision last week.

Robert Ford an LCB spokesman, said Friday that county courts reversed the agency's orders 37 percent of the time last year.

"It's not uncommon for us to be reversed on appeals," he said. The LCB has not decided whether to appeal the decision to Commonwealth Court.

In reaching his decision Lavelle flatly rejected the testimony of the LCB's two main witnesses, Ryan Long, 18, and Duane Ladlee, 19. Lavelle's opinion did not indicate where either of the two lived.

"The board's case is based exclusively on Mr. Long and Mr. Ladlee. We do not believe their testimony," Lavelle wrote.

Long said he bought a case of Piel's beer from Harmony Beverage around noon on July 23, 1985, and a case of Miller later that day, the opinion said. Ladlee said he stayed in the car when Long bought the beer.

About 4:15 p.m. that day, Long was driving a car along Route 940 when he was involved in an accident, the opinion said. Long, or his parents on his behalf, sued Harmony Beverage for selling beer to a minor, Lavelle said.

Instead of relying on the testimony of Long and Ladlee, Lavelle relied on a cash register tape submitted by Harmony Beverage to show that the beer was not purchased at those times.

John McElroy, president and manager of Harmony Beverage, introduced as evidence the tape from July 23. The first case of Piel's sold that day was at 12:52 p.m. The only two cases of Miller were sold at 1:09 p.m. and 1:51 p.m., before the time Long said he purchased the beer, Lavelle's opinion indicated.

McElroy and three employees who were working that day testified in court that they did not sell beer to Long.

Lavelle also relied on the testimony of a third person, Margaret Cohen of Mountain Top. Cohen, who was nearly involved in Long's accident, stopped at the scene and said she didn't see any beer bottles in Long's car, Lavelle's opinion said.

"The tale of the tape and Mrs. Cohen's testimony seriously impair the credibility of Mr. Long and Mr. Ladlee," Lavelle wrote. "When we add the interest factor (concerning the lawsuit) and the fact that there is no corroboration, we simply cannot credit their evidence."

Lavelle said that Cohen was the only witness who apparently was disinterested in the outcome. She testified that she did not see any beer bottles or cans in Long's car. At the accident scene, a police officer showed her a whiskey bottle that was in the back of Long's car, she testified.